Expert Witness in Behavioral Health Construction
Empire Projects, Inc., through its principal William N. Bernstein, AIA, has provided expert witness services in matters involving the construction, renovation, and project management of behavioral health facilities, including inpatient psychiatric units, behavioral health emergency departments, addiction treatment facilities, and outpatient behavioral health environments. Attorneys litigating cases that involve the construction, renovation, or project management of these facilities will need an expert witness such as William N. Bernstein, AIA, to address: construction defects, scheduling and delay claims, change order disputes, contractor and subcontractor performance issues, project management failures, cost overruns and budget disputes, payment disputes and mechanic’s liens, contract administration and interpretation, means and methods, construction safety, anti-ligature and patient-safety installation failures, sightline and observation problems caused by construction errors, seclusion and de-escalation room construction defects, sallyport and access-control installation failures, durable and tamper-resistant finish and hardware installation defects, HVAC and ventilation installation problems in patient-care areas, accessibility violations, fire safety and egress under the applicable institutional or business occupancy classifications, water infiltration and building envelope failures, phased-construction and occupied-renovation disputes in operating behavioral health environments, and other claims related to behavioral health construction. Mr. Bernstein is an expert witness who understands both the applicable codes, standards, and contractual frameworks and the practical realities of how behavioral health construction and renovation projects are managed and executed in the field.
About Behavioral Health Construction
Behavioral health construction and renovation encompasses a range of facility types, including inpatient psychiatric units, behavioral health emergency departments and psychiatric ED holding areas, child and adolescent psychiatric units, geriatric psychiatric units, substance use disorder and addiction treatment facilities, partial hospitalization and intensive outpatient programs, residential treatment facilities, outpatient behavioral health clinics, crisis stabilization units, and the support spaces that serve them. Behavioral health construction is highly demanding from a project-management perspective because nearly all elements — hardware, fixtures, ceilings, windows, finishes — must meet anti-ligature, tamper-resistant, and durability requirements, and because many projects are renovations of occupied units that must continue to operate safely during construction.
The construction and renovation of behavioral health facilities is governed by a complex framework of building codes, regulations, and industry standards, including the applicable building code (for example, in New York City, the New York City Building Code), the International Building Code, ICC A117.1, NFPA 101 Life Safety Code, NFPA 99 Health Care Facilities Code, ADA requirements, the FGI Guidelines for Design and Construction of Hospitals and the Behavioral and Mental Health Facility supplement, the New York State Office of Mental Health (OMH) Patient Safety Standards (and equivalent state agency standards elsewhere), Joint Commission Behavioral Health Care and National Patient Safety Goals, CMS Conditions of Participation, and state and local department of health requirements such as those administered, in New York, by NYSDOH and OMH. In addition, behavioral health construction projects are governed by private agreements — the prime contract and subcontracts, and institutional procurement and approval procedures. These projects are also typically subject to insurance requirements, indemnification obligations, and bonding requirements that materially affect how risk is allocated and how disputes are resolved.
Disputes in behavioral health construction commonly arise over scheduling and delay claims, including disruption to ongoing operations during phased construction in occupied units; change order disputes driven by OMH or equivalent agency review comments, late-discovered anti-ligature deficiencies, and owner-directed scope changes; cost overruns and budget disputes; payment disputes and mechanic’s liens; contractor and subcontractor performance and coordination failures, particularly in installation of anti-ligature door hardware, plumbing fixtures, ceilings, grilles, and window assemblies; installation defects in anti-ligature hardware, plumbing fixtures, ceilings, and other building elements; sightline and direct-observation failures caused by field deviations from approved drawings; seclusion and de-escalation room construction and finish defects; sallyport and access-control installation deficiencies; tamper-resistance and durability failures in finishes, hardware, and fixtures; ventilation installation problems in patient-care areas; accessibility and fire-safety construction defects; building envelope and water-infiltration failures; and disputes arising from phased construction and occupied renovation in operating behavioral health environments. Responsibility for these issues is allocated, in different ways, among the operator, the landlord, the contractor, subcontractors and specialty vendors, the construction manager or owner’s representative, the design professional, clinical staff, and the party responsible for ongoing maintenance, and litigation in this area frequently turns on the allocation of responsibility for construction means and methods, sequencing, supervision, quality control, commissioning, and post-occupancy maintenance.
Expert Witness Services Related to Behavioral Health Construction
Expert witness services in behavioral health construction matters typically include a careful review of the project documents (drawings, specifications, submittals, RFIs, change orders, schedules and schedule updates, daily reports, meeting minutes, pay applications, lien waivers, permits, certificates of occupancy, OMH or equivalent state agency filings and approvals, anti-ligature product submittal logs, accreditation survey reports, commissioning reports, punch lists, and as-built conditions), a site survey to measure and document the conditions at issue, comparison of those conditions against the applicable building codes, life safety codes, healthcare facility guidelines, accessibility standards, contract documents, and industry standards of care for construction and project management, review of construction administration records and maintenance histories, and the preparation of clear, well-supported opinions regarding causation, responsibility, the standard of care applicable to behavioral health construction, and the quantification of delay, disruption, and damages.
An effective behavioral health construction expert witness must be able to explain technical and project-management issues — construction sequencing and scheduling in phased and occupied behavioral health projects, change order management, contract interpretation (including AIA-form contracts and ConsensusDocs), construction means and methods, anti-ligature hardware and fixture installation, sightline and observation construction, seclusion and de-escalation room construction, sallyport and access-control installation, durable and tamper-resistant finish and hardware installation, ventilation installation in patient-care areas, accessibility installation, fire safety and egress construction under the applicable institutional or business occupancy classifications, construction safety, code compliance, commissioning, and the allocation of responsibility among owner, contractor, subcontractors, construction manager, design professionals, and specialty vendors — in plain language to judges, juries, arbitrators, and mediators, and must have the credentials, written record, and courtroom-ready communication skills to render credible opinions.
Mr. Bernstein is a Yale-trained, NCARB-certified, LEED-accredited, registered architect. He has expertise in architectural design, engineering design, and construction as the founder/owner of a construction project management firm, Empire Projects, Inc. (2003-Present), and as the founder/owner of an architectural firm, Bernstein & Associates, Architects (1990-present). He has been the expert witness (as of May 2026) on (40) cases involving design and construction (2006-present) across the United States and Internationally.
Contact
Please contact Empire Projects, Inc., for expert witness services related to behavioral health construction.